Court : Mumbai Aurangabad
..... solvent and shall also be interested in educational progress. 29. considering the overall situation in the light of the cases dealt with by this court under the meps act and the rules, the time has come for the state of maharashtra to create some embargo or restriction on the private managements of the school and educational institutions from ..... , the proprietary body may choose the manager in accordance with the rules in that behalf referred to in rule 2. (4) the educational agency shall be bound by the acts of the manager. 28. rule 8 of the kerala education rules, 1959 reads as under:- 8. persons connected with management not to be appointed in schools - (1) ..... ago, was illegal. after terminating their services, the kith and kin of the management are appointed in their place. the proviso to section 5(1) of the meps act, 1977 is blatantly violated. in a recent judgment delivered by this court in the matter of vasant shikshan prasarak mandal through its president and others vs. the state of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by the additional sessions judge, hingoli in special child case no.1 of 2013 on 29th april 2015 under section 4 of the protection of children from sexual offences act, 2012 ("the act" in brief) and has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of rs.35,000/- (rupees thirty five thousand) and in ..... new abadi was about a kilometer away from the main village and was having less population (thus giving opportunity to the accused to reach out to the victim for repeated acts of violation); that the accused was in a position to take precaution to conceal his activities; that the evidence of pw-7 uttam was natural where he deposed that ..... remand home and she is facing hardships of the life as she has no support and the amount of compensation deserves to be increased. relying on section 29 of the act it is stated that there is presumption that the accused committed the offence and thus according to the counsel, no interference in the judgment is called for. 9. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... though he submits that the resignation was accepted forcibly, it cannot be ignored that the employee did not approach the school tribunal u/s 9 of the meps act, 1977 for alleging forceful resignation amounting to illegal termination from service. he has approached this court by filing a writ petition in 2009 after 4 years and which ..... from his service so as to avoid an unceremonious removal from service since the management had decided that they would initiate disciplinary action against the employee for the act of forgery said to have been committed by him. neither in the memo of the appeal nor in any earlier communications, does the employee state that the ..... of the learned advocates and have gone through the record available and the petition paper book with their assistance. 10. the entire issue turns upon the purported act of forgery committed by the employee and the subsequent resignation said to have been submitted by him. 11. the employee has stated that his signatures appearing on .....
Tag this Judgment!Court : Mumbai Aurangabad
..... accused and parents of the victim regarding the tenanted premises and arrears of rent and thus the accused had been falsely implicated. the evidence of doctor does not prove that act of rape was committed. 6. it has been argued by the learned counsel for the appellant-accused that document exhibit 29 regarding examination of the victim was produced by ..... the accused was charged for offence under section 323 of ipc and also under section 3 (i) read with 11 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 also, but he came to be acquitted for those sections. there is no appeal against that acquittal. 5. the appellant-accused claims in the appeal and it has ..... was trying to put it aside, in which process her odhani tore. she was trying to push him aside, but the accused did not get up and completed the act. thereafter he left her and gave her clothes and wearing his own clothes, he went away. the victim was crying and wore her clothes and she had blood from .....
Tag this Judgment!Court : Mumbai Aurangabad
..... above, shall also be followed in the cases of transfer and shifting of the schools for special children established under the provisions of the act of 1995. 38. for the reasons recorded herein above, issuance of the government resolution dated 12th september, 2014, according to us, was the arbitrary exercise ..... can be followed in the matters of transfer and shifting of the schools established under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. we, therefore, direct that the modalities as are incorporated in the government resolutions dated 31st july, 2013 and 17th february, 2012, referred to herein ..... and it should be preferably from the commencement of the new academic session subject to prior permission of the charity commissioner under section 36 of the bpt act. 35. it is further significant to note that in pursuance of the directions, as above, given by the division bench of this court, vide government .....
Tag this Judgment!Court : Mumbai Aurangabad
..... wife filed criminal appeal in the high court challenging the acquittal of the appellant husband and his parents of the offences under the dowry prohibition act and also the acquittal of his parents of the offence punishable under section 498a ipc. she filed criminal revision seeking enhancement of the punishment awarded ..... the question whether the respondent had deserted petitioner without reasonable cause. fourth issue related to, whether there was bar under section 23 of the hindu marriage act. parties brought on record necessary evidence. petitioner examined himself as pw1 giving evidence on line of above pleadings. per contra respondent led her evidence on ..... quarreled. she quarreled and deserted the petitioner claiming that she will put him behind the bars. she threatened to commit suicide. she consistently humiliated him which acts amounted to cruelty. it had become impossible to live with her due to mental agony and torture. with such facts the first petition claimed divorce. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... wife filed criminal appeal in the high court challenging the acquittal of the appellant husband and his parents of the offences under the dowry prohibition act and also the acquittal of his parents of the offence punishable under section 498a ipc. she filed criminal revision seeking enhancement of the punishment awarded ..... the question whether the respondent had deserted petitioner without reasonable cause. fourth issue related to, whether there was bar under section 23 of the hindu marriage act. parties brought on record necessary evidence. petitioner examined himself as pw1 giving evidence on line of above pleadings. per contra respondent led her evidence on ..... quarreled. she quarreled and deserted the petitioner claiming that she will put him behind the bars. she threatened to commit suicide. she consistently humiliated him which acts amounted to cruelty. it had become impossible to live with her due to mental agony and torture. with such facts the first petition claimed divorce. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... taken into consideration. it was not committed by accused under any mental stress or emotional disturbance and it is difficult to comprehend that he would not commit such acts and would be reformed and rehabilitated. as the circumstances would graphically depict, he would remain a menace to the society, for, a defenceless child has become ..... in case of circumstantial evidence, death penalty should not be awarded was held without logic. the hon'ble supreme court held that circumstances proved establish the depraved acts of the accused and they call for only one sentence that is the death sentence. 51. in the case of rajendra wasnik referred above, the accused ..... critical examination of the evidence on record we hold that all the circumstances proved by the prosecution clearly indicate that accused and accused alone is responsible for the acts attributed to him. 36. to sum up we reiterate the incriminating circumstances proved against the accused as under (i) accused was found with the victim .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to electronic record, as noted hereinbefore, being a special provision, the general law on secondary evidence under section 63 read with section 65 of the evidence act shall yield to the same. generalia specialibus non derogant, special law will always prevail over the general law. it appears, the court omitted to take note ..... 219. on cdr, learned counsel for accused no.1 strenuously submitted that there is no compliance of the mandatory provisions of section 65b of the indian evidence act and therefore, cdr reports cannot be admitted in evidence. in support, shri khamkar, learned counsel placed vehement reliance on anvarp. v. vs. p. k ..... 2 months. investigating officer could not give plausible explanation for not choosing independent panch witnesses for number of panchanamas. the manner in which investigating agency had acted creates strong suspicion about the fairness of investigation as it frustrates the object of :- [i] preventing unfair dealings on the part of investigating agency; [ii .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by this court in the past. it needs to be presumed that these interim orders and directions were subject to result of the proceeding and the provisions of the act. the petitioner did not come to this court for getting permission for making application to appear for the common entrance test which is held for admission to post ..... ). the facts were different. 15. the procedure prescribed by the apex court in the case of madhuri patil (cited supra) and the procedure laid down in the act and the rules show that strict verification of the caste before giving benefit to a person is necessary so that the benefit is given to the real backward class person ..... to scheduled tribe, raj. in view of this circumstance, the other record which is mentioned above cannot be given much importance. 14. provision of section 6 of the act shows that each and every claim is expected to be verified by the committee independently. this becomes more necessary when there is no validity certificate in favour of the .....
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